QUESTION

What lawsuit can I file if I had been overcharged by a car dealer?

Asked on Dec 15th, 2013 on Bankruptcy - North Carolina
More details to this question:
I just moved to Georgia to help with my mom who's health isn't good. I needed a car badly to get back and forth to work. I ended up financing a car through a used car dealer. The note was for $400.00 a month for a 2003 model car that had many issues. When the car was repossessed they sold the car for $2000.00. I really feel like I was taken advantage of. Can you advise?
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1 ANSWER

Why do you feel that you were "overcharged?" The same make or model can go for different prices depending on the area where the car is sold. Also, used cars are more difficult because no 2 used cars are identical even if they are the same make and model - one car could have been in an accident or the other could have high miles or different features. It makes it hard to compare and determine that you were overcharged absent other information. Further, what steps did you take to protect yourself before you bought the car? Did you have the car inspected by an independent mechanic? Did you order a Car Fax report? Did you do your homework and look around for a suitable make/model/year and see what the going car sale prices were before you went to the lot and made a deal? Did you explore your financing options rather than rely on whatever the dealer was offering? I am willing to bet that the answers to many of these questions is NO. I am not meaning to sound like I am beating up on you but if you are going to complain about the conduct of the dealer, its really up to you to buy the car in the right way. If you do not take steps to protect yourself, then the dealer is going to sense that and take advantage of you. This is not illegal. Some people walk into a car dealer and see the manufacturer's sticker price and pay it. But a savvy consumer who has done his/her homework will research the price beforehand and will negotiate the price down. Has the dealer done anything wrong? No and the person who paid the full sticker price cannot complain of being overcharged. Information is out there. The only one looking out for you is you and you have to avail yourself of the information. Car dealers also are not insurers of vehicles. Cars are mechanical things and all sorts of problems can develop that the dealer may not be aware of. Dealers buy cars at auto auctions and look for good deals. They pay a low price and mark it up when they sell to consumers like you. They make sure the car is running and meets the required safety provisions (at least ethical dealers would do that) and not much else. Dealers who buy at auction don't know if the car was a repo or if the prior owner regularly changed the oil etc. So if a car was poorly maintained then it could develop problems later. But that does not necessarily mean that the dealer should be liable if something does happen. There would only be a violation if the dealer committed an unfair or deceptive business practice. Georgia, like most states, has a law that governs this and defines what is or is not a deceptive practice. Other than that, you would have to show that the dealer engaged in some type of common law fraud or breach of the sales contract in order to recover. The problem here is that you allowed the car to be repossessed because you stopped paying for it. That was between you and the lender - who was not involved in whatever sales practices the dealer may have engaged in. So what exactly was the loss caused by the dealer even if they engaged in some questionable conduct? I do not engage in this kind of consumer law and your post offers no really relevant information to determine whether a dealer might have done something wrong. My instinct is that unless there is some clear cut evidence of wrongdoing, I would consider this a lesson learned and forget about it and be a smarter consumer next time you go car shopping. However, this is just my opinion and if you can gather your car sale documents and other relevant information, go and get a consult with a local attorney who does consumer law of this type to see whether the dealer crossed the line.
Answered on Dec 20th, 2013 at 8:05 AM

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